FASHION LAW: FOREVER 21 LAWSUIT STATUS OVER ON-CALL SCHEDULING
Forever 21 seems to have placed themselves in a bit of legal quicksand these past few weeks. Recent headlines have disclosed that the millennial heavy fashion retailer has been accused of wage theft. Stemming from a complaint against on-call scheduling (a common tactic used by many retailers), a lawsuit was filed last week in Los Angeles County Superior Court for Raalon Kennedy, a former employee who worked at the retailer based in California in 2013.
Forever 21 assigns on-call shifts to employees on the same day he/she is already scheduled to work a regular shift—a tactic that provides a shorter lead time for scheduling. The complaint states that employees are required to call two hours before the on-call shift to confirm if their presence is needed.
State labor laws, however, require employers to pay for reporting time pay, or hours for which an employee is required to work but fails to end up working, or not working, their entire scheduled shift. Kennedy claims that the company does not include on-call scheduling hours when reporting time pay, a clear violation of the states’ laws.
A spokesperson for Forever 21 failed to comment on the case.by